Evidence Act 1851 (c.99)

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Evidence Act 1851
1851 c.99 14_and_15_Vict
An Act to amend the Law of Evidence.                                    
[7th August 1851]
Annotations:
Modifications etc. (not altering text)
C1
Short title given by Short Titles Act 1896 (c. 14)
C2
Preamble omitted under authority of Statute Law Revision Act 1892 (c. 19)

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Annotations:
Amendments (Textual)
F1
Ss. 1, 12 and 20 repealed by Statute Law Revision Act 1875 (c. 66)
2.
Parties to be admissible witnesses.
On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence, the parties thereto, and the persons in whose behalf any such suit, action, or other proceeding may be brought or defended, shall, except as herein-after excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the said suit, action, or other proceeding.
3.
Nothing herein to compel persons charged with criminal offence to give evidence tending to criminate himself, &c.
But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or herself, or shall in any criminal proceeding render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Annotations:
Amendments (Textual)
F2
S. 4 repealed by Evidence Further Amendment Act 1869 (c. 68), s. 1
5.
Nothing to repeal any provisions of 7 Will. 4 & 1 Vict. c. 26.
Nothing herein contained shall repeal any provision contained in the M1 Wills Act 1837.
Annotations:
Marginal Citations
M1
1837 c. 26.
                                                                                         
6. . . . F3
Annotations:
Amendments (Textual)
F3
S. 6 repealed (N.I.) by Judicature (Northern Ireland) Act 1978 (c. 23), ss. 122(2),…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.